Moving out during a divorce in Massachusetts can risk your custody rights, financial stability, and property claims. It may set a new status quo, potentially reducing your time with children, doubling living expenses, and weakening your property rights. Stay unless there’s domestic violence or a court order.
Think Before You Pack
Divorce is hard, and sometimes, you might want to just pack up and leave. But in Massachusetts, if you walk out that door, it might hurt your chances in the divorce process. As an experienced family law attorney, I’ve seen many cases where leaving the marital home turned out to be the biggest mistake.
Holding Onto Home:
Marital Property and Real Estate
Your home isn’t just a building; it’s where your life happens. If you leave, it might seem like you don’t want it or need it. This is especially important if you’re the primary earner because it might affect how property division works. And remember, real estate is not just a place; it’s also part of your financial situation.
Marital Property Matters
In Massachusetts, everything you own with your spouse is often considered marital property. This includes your home, retirement accounts, and even things like furniture. If you leave, sorting out who gets what can get more complicated.
Thinking of the Kids:
Child Custody Arrangements
If you have minor children, leaving the family home could be seen as not putting the child’s best interests first. Family courts really focus on what’s best for the kids. If you’re not around as much, you might end up with less parenting time.
Parenting Plans and Daily Life
A parenting plan is a schedule that says who the kids will live with and when. By staying in the home, you show that you’re involved in your children’s lives every day. This helps the court see you’re a caring parent, which is very important.
Money Matters:
Financial Implications and Support Payments
When parents split up, sometimes one has to pay child support payments to help with the kids’ costs. If you’re the one moving out, you might have to pay support and still contribute to the bills for the family home. That’s a lot of money.
Financial Stability During Divorce
It’s not easy to handle two sets of bills. I tell my clients to think carefully about your financial situation before making the decision to leave. It’s important to plan for the money side of things during this tough period of time.
Legal Advice: Get the Right Advice
at an Affordable Price
An affordable divorce is possible. At Afford Law, our fees are based on your income, so the less you earn, the less you pay. Our mission is to provide experienced legal help you can afford.
If you can’t afford our lower rates for a traditional attorney-client relationship, you have another option. Our legal coaching service can save you money and still give you access to a skilled attorney. In this arrangement, you represent yourself in court while we work with you behind the scenes to prepare you every step of the way. This service is available to you for one low monthly fee.
The Emotional Side:
Handling the Stress of Divorce
It’s easy to let emotions lead you, but in divorce cases, that can be a trap. I always say, take a breath and think. Reacting too quickly, like moving out without thinking, can hurt your case.
Children’s Feelings Matter Too
I remember one dad who moved out and saw how sad his kids were. He didn’t realize how much his leaving would upset their lives. His story reminds us that how we handle things affects our kids, too. Of course, divorce will be difficult on the children in every situation. We can take steps to minimize their pain.
Alternatives to Moving:
Temporary Orders and More
If you can’t stay in the same space with your spouse, there are other options. Temporary orders can give you time to figure things out. Sometimes, just staying in a spare bedroom is enough for a while.
Safety First:
When to Leave
There are times when staying isn’t safe, like if there’s domestic violence. Then, getting a restraining order and leaving to protect yourself and your kids is the right thing to do. The most important thing is your physical safety. If you have to leave to protect yourself, then do so. We’ll figure out the legal implications later.
Looking Ahead:
The Future After Divorce
A divorce settlement is more than just an agreement; it’s a plan for your future. Making wise choices, like staying in the family home, can mean a better life after the divorce, especially with your kids.
Divorce Move:
A Serious Decision
I tell my clients, “This decision is a big one.” It’s not just about now; it’s about your whole future. So, before you make a move, let’s talk and make sure it’s the best step for you.
Conclusion:
Protecting Your Rights and Interests
Divorce is tough, but you don’t have to go through it alone. We can help you understand the process, protect your rights, and make sure you make the best decisions for your family’s future. And we can do so without costing you a fortune.
Legal Disclaimer
This article is intended for informational purposes only and does not constitute legal advice. Please consult with an attorney to discuss your specific circumstances and receive tailored guidance.
I have been practicing law in Massachusetts since 1995. My focus is in the areas of criminal and family law. I’m dedicated to providing high-quality legal help at an affordable price. I practice throughout Massachusetts. I earned my MBA from the University of Rhode Island in 2023. I earned my JD from New England School of Law in 1994. I earned my BA from Rhode Island College in 1990.
